Police violating Apex Court Judgment: DAK

Only Expert Panel can investigate criminal negligence of doctors

Srinagar: President Doctors Association of Kashmir (DAK) Dr Nisar ul Hassan today in a statement said that it is illegal for police to say that death of a pregnant woman at sub district hospitalPattan was because of negligence of doctors. “Police by this statement is violating the apex court guidelines on criminal negligence of doctors, said a statement issued to KNS.

According to Dr Hassan the Supreme Court has ruled that doctors should not be held criminally responsible unless there is prime facie evidence before the court in the form of credible opinion from another competent doctor in the same field of medicine supporting charges of a rash and negligent act.The statement said that Apex court has emphasized the need for care and caution in prosecuting doctors for criminal negligence in the interest of society and considering the noble services rendered by the fraternity. “This judgment by Supreme Court came in as many prefer recourse to criminal process as a tool for pressurizing the medical professionals for extracting uncalled for or unjust compensation. Moreover the loss of reputation the noble professionals suffer by booking them for criminal negligence cannot be compensated by any standards. It is necessary to protect noble professionals treading the righteous path,” Dr Hassan said.

“Government is projecting doctors as villains thus have broken the age old bond of doctor patient relationship. A mistrust created with a design has shattered the sacred relation. This is being done to cover up government’s inefficiencies and misdeeds. This attitude of government has created a fear psychosis among doctors which tells upon the efficient patient care. People of the valley must acknowledge and realize the services rendered by doctors in abnormally abnormal conditions. Doctors are bound by medical oath and ethics and no doctor willingly can inflict harm to any patient.”